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Lady Justice: Borders and business basics

If you are considering taking your business international, good for you, and if not, you should. Businesses with international markets tend to do better, and this applies to even small business owners, who make up much of Canadian global trade. It is an exciting journey filled with opportunities, challenges, and a fair share of paperwork. But fear not, dear entrepreneur, for we are here to guide you through the labyrinth of international trade law in Canada. 

Our firm has had the pleasure of attending and is now presenting in the Federal government-funded Trade Accelerator Program. Express your interest Central Alberta, to get the folks to bring another session back to Central Alberta. As a region, we suffer for not taking advantage of all the innovation and opportunities out there, regardless of the industry you are in.

International trade law governs the rules and regulations that countries follow when trading goods and services across borders. In Canada, this involves a mix of domestic laws, international agreements, and a dash of common sense. Think of it as the ultimate recipe for a successful trade soufflé.

Why should you care? Imagine you are a maple syrup producer in Central Alberta (if you figure out how to make the maples grow here), and you have just received an order from a pancake-loving café in Paris. Exciting, right? But before you start dreaming of Eiffel Towers and croissants, you need to ensure your syrup complies with both Canadian and French regulations. This is where international trade law comes in. It helps you navigate tariffs, customs duties, and other trade barriers, ensuring your product reaches its destination without a hitch.

Some key ingredients to international trade laws:

1)    Customs Regulations: These are the rules governing the import and export of goods. In Canada, the Canada Border Services Agency (CBSA) is your go-to source for all things customs. They ensure that your goods comply with Canadian laws and international agreements. Pro tip: Always double-check the Harmonized System (HS) codes for your products. Misclassification can lead to delays and hefty fines.

2)    Trade Agreements: Canada is part of several trade agreements, including the Comprehensive Economic and Trade Agreement (CETA) with the European Union and the United States-Mexico-Canada Agreement (USMCA). These agreements can reduce or eliminate tariffs, making your products more competitive in foreign markets. It is like getting a VIP pass to the global trade party.

3)    Export Controls: Some goods, like military equipment or certain technologies, are subject to export controls. The Export and Import Permits Act (EIPA) regulates these items. If you are in the business of selling high-tech gadgets or defense equipment, make sure you have the necessary permits. You do not want to end up on the naughty list.

4)    Intellectual Property (IP) Protection: When expanding internationally, protecting your brand and products is crucial. Register your trademarks, patents, and copyrights in the countries where you plan to do business. It is like putting a lock on your treasure chest.

Paperwork is an inevitable part of international trade. To make it less painful, consider hiring a customs broker; these professionals can help you navigate the complex world of customs regulations, acting as your trade sherpas and guiding you through the paperwork mountain. Additionally, use technology to your advantage; there are plenty of software solutions that can streamline your trade processes, from automated customs declarations to real-time tracking, making technology your best friend. Finally, stay informed, as trade laws and regulations can change faster than a cat on a hot tin roof; subscribe to trade newsletters, attend webinars, and join trade associations to stay up-to-date.

Expanding your business internationally can be a game-changer, opening up new markets and opportunities. But it is essential to understand and comply with international trade laws to avoid costly mistakes. With a bit of knowledge, a dash of humour, and the right resources, you can navigate the world of international trade.

So, go forth, brave entrepreneur, and conquer the global market. And remember, when in doubt, consult a trade lawyer. They might not wear capes, but they are the superheroes of the trade world.

Donna Purcell, KC, (aka Lady Justice) is an Alberta lawyer and Chief Innovation Officer with Donna Purcell QC Law. If you have legal questions, contact dpurcell@dpqclaw.com.

 



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